Catherine Murphy (Kildare North, Independent) | Oireachtas source

I thank Deputy Clare Daly for introducing this Bill. Its Title indicates it is intended as an interim measure. It is important that there be a timely response to current circumstances. The April legislation has been revised to take account of some of the concerns that were raised by the Minister at the time, yet we hear that there is no intention of supporting the Bill. There is no doubt that the present ambiguity, of which people are very well aware, is leading to considerable fear. There needs to be, at the very least, a temporary plugging of the law to address the issue.

There have been numerous expert reports over the past 15 years. The current one is in response to the ruling of the European Court of Justice. It could have been responded to not through an expert report but through legislation and guidelines for the medical profession. The concern is that this is or is potentially a delaying tactic.

I considered the report of the all-party Oireachtas committee in 2000. It refers to the advantages of legislation, stipulating that it would provide legal certainty. The stated disadvantage is that "due to the nature of this legislation, the process of drafting and democratic scrutiny is likely to take a considerable period of time". This was stated 12 years ago.

The case of Savita Halappanavar demonstrated in a very clear way the kind of risk to which a pregnant woman can be exposed. While there is considerable collective sympathy for her husband and family, many women are expressing fear because the pertinent issues have come into sharp focus. The debate that followed the tragedy has shown that the eighth amendment excludes the right of a pregnant woman to be assured of her health and deals only with the issue of the right to life. Others are way ahead of us on this and regard it as a medical issue. In Ireland, it is deemed to be a moral issue.

It is almost two years since the ruling of the European Court of Justice, and we are only now dealing with the report of the expert group. The report refers to previous expert reports and states the means of providing for the X case have been considered by other bodies, all of which have concluded that legislation in some form is the most appropriate way in which to regulate access to lawful abortion in Ireland.

This Bill is on Second Stage. My understanding of Second Stage is that one should either agree or disagree with the principle of the legislation. Tonight, Members are being asked to agree with the principle. Committee and Report Stages allow for a refinement of the legislation. I do not doubt that there are many provisions in the legislation that could be changed to make it better. People cannot understand how the troika can come here and click its fingers such that very complex legislation can be introduced and rammed through the Dáil using guillotines to ensure its timely passage. Emergency legislation can be framed and all Stages can be considered in double-time on economic matters, yet, where legislation on the right to life of a pregnant woman is concerned, the sensitivities of politicians seem to take precedence.

We have been told that to ensure the passage of legislation, one must have 83 Members willing to support it. Clearly the Whip system is determining that this cannot happen. This is not radical legislation but a genuine attempt to address the need to legislate for the X case, even as an interim measure. The real concern is that this will be pushed out and that all sorts of reasons will be advanced as to why certain complexities cannot be dealt with, even if the Government decides to legislate. Tonight, Deputy Daly is being asked not to press this Bill. Her not doing so would be a mistake. There is no certainty on the Government side as to how we are to proceed. I will be supporting the legislation.

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